Government Implements More Stringent Limitations Through Emergency PPKM

In an effort to curb the continued substantial rise of Covid-19 cases across the country, the Government has decided to implement the Entry into Force of Emergency Public Activity Restriction (Pemberlakuan Pembatasan Kegiatan Masyarakat Darurat or the “Emergency PPKM”) starting from July 3, 2021 which will be in place until July 20, 2021. DKI Jakarta’s Emergency PPKM policies are enacted through Governor of DKI Jakarta Decree No. 875 of 2021 dated July 2, 2021 on Emergency PPKM (“Decree 875/2021”). This round of restrictions introduces more stringent activity limitations compared to the Micro-Scale Public Activity Restriction (Pemberlakuan Pembatasan Kegiatan Masyarakat Berbasis Mikro or the “Micro PPKM”) that was effective for the past few months, last updated in DKI Jakarta Governor No. 759 of 2021 dated June 14, 2021 on Micro PPKM. The key changes found in Decree 875/2021 are as follows.

Activities in Workplaces/Offices

Previously, offices (barring those in the essential sector) had to implement a 75% or 50% Work From Home (“WFH”) order, for red and orange/yellow zones respectively. Now, all non-essential sectors must carry out a 100% WFH policy. Meanwhile, essential/critical sectors have the capacity for Work From Office (“WFO”) as follows:

  • Essential Government Sectors: essential public services that may not be delayed are allowed 25% WFO;
  • Essential Sectors: financial services, banks, capital markets, payment systems, information technology, non Covid-19 quarantine hotels, and export industries are allowed 50% WFO;
  • Critical Sectors: energy, health, safety, logistics and transportation, food and beverage along with its supporting activities, petrochemicals, cement, vital national objects, disaster management, national strategic projects, construction, basic utilities (electricity and water) and basic needs industries are allowed 100% WFO.

In relation to these restrictions in the office environment, Head of the Manpower, Transmigration and Energy Office of DKI Jakarta issued Decree No. 1881 of 2021 dated July 2, 2021 on the Protocol for the Prevention and Control of Covid-19 in Private, State-Owned Business Entity, Regional-Owned Business Entity Offices/Workplaces (the “Manpower Office Covid-19 Protocols”).  In essence, the Manpower Office Covid-19 Protocols provide the guidelines on what offices should do in light of the enactment of the Emergency PPKM. Generally, private/state-owned/regionally owned offices are expected to form a Covid-19 unit to handle matters related to Covid-19 management in the offices. This Covid-19 team must ensure that the office restrictions and health protocols (e.g., the 25%/50%/75% WFO, physical distancing, regular sanitation, availability of hand sanitizers, etc.) are being duly implemented in the offices. Further, these Covid-19 teams must aid the government in terms of reporting and tracing of Covid-19 cases in the offices.

Education Activities

All schools, higher education, academies, places of education/training must carry out their activities fully remotely/online, whereas previously they may do offline learning based on instructions from the Ministry of Education, Culture, Research and Technology.

Dining Activities/Restaurants

All restaurants, eateries, cafes, food stalls/vendors may only be opened for take-away. Dine-in is fully prohibited.

Activities in Malls/Shopping Centers

Malls and shopping centers are temporarily closed. However, accesses to restaurants and supermarkets inside the malls are still open, with the restrictions on restaurants still apply.

Religious Activities

Mosques, musholas, churches, pagodas, monasteries and other public places designated for religious activities are temporarily closed.

Activities in Public/Other Areas that May Attract Masses

All public areas, parks, tourist attractions, art/culture venues, sports facilities and other social activities are temporarily closed/suspended. Wedding receptions have a maximum attendance of 30 people and are not allowed to serve food, food may still be given out to be taken home in sealed containers.

Similar to the Micro PPKM, the Emergency PPKM also applies country-wide based on Minister of Home Affairs (the “Minister”) Instruction No. 15 of 2021 dated July 2, 2021 on Emergency PPKM and Establishment of Posts for Covid-19 Management in Villages and Urban Villages to Manage the Spread of Covid. Although the exact terms of the Emergency PPKM of each province may differ, governors and regents across Indonesia must comply with the limitations laid out in the Minister’s Instruction.

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July 5, 2021

Please contact Johanes C. Sahetapy-Engel (jsahetapyengel@aksetlaw.com) or Caleb K. N. Sitorus (csitorus@aksetlaw.com) for further information.

 

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